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Oregon DUI Laws

An Oregon DUI arrest is commonly called driving under the influence of intoxicants (DUII). Regardless of how it is called, it still represents the same case, which is drunk driving. Oregon DUI Laws specify that you don’t have to be necessarily drunk to be arrested for DUII.

There are two possibilities of an arrest:

One is when your driving skill is impaired because of alcohol and/or drug consumption. In this instance, the situation will be determined by the police officer on the scene on the basis of your physical appearance, driving pattern, and how you interact with the police officer during the arrest.

A blood alcohol content of 0.08% or more can also be grounds for a DUII arrest for all drivers, but this is increased to 0.02% or more for minors under 21, and 0.04% or more for commercial vehicle drivers. In this case, it won’t matter if your driving is similar to that of a sober person because the focus is your body’s chemistry.

During the arrest, the officer will ask you to submit to a BAC test. There are two possible scenarios that can happen: you can refuse to take the test wherein your refusal will be used against you in a criminal court and aggravate your sanctions. You can opt to take the test; however, if you fail the breath test, a request for a blood test can be made.

Once arrested, there are two cases to face. One of this is the criminal court case and the other is the Department of Motor Vehicle case. For the latter, you have to request a hearing from the said office to salvage your driver’s license 10 days after you have been arrested. Should the 10-day period elapse, an automatic license suspension will take effect.

Between the court and the DMV case, you will be given the necessary sanctions and punishments appropriate for your DUI offense. These are the following:

1. First DUII conviction – a minimum jail time of 48 hours up to 1 year or render community service for 80 hours, a minimum fine of $1,000, and license suspension for 1 year, after which an ignition interlock device is installed on the vehicle for 1 year after the suspension;
2. Second DUII conviction – jail time of up to 1 year, a minimum fine of $1,500, and license suspension for 3 years if within 5 years of the previous offense after which an ignition interlock device is installed for 2 years; and
3. Third DUI conviction – categorized as Class C felony if the offense was committed within the last 10 years of the previous offense; jail time of up to 5 years, a minimum fine of $2,000, and permanent revocation of license.

Apart from these sanctions, you will also have to attend a complete drug and/or alcohol treatment program and mandatory participation in a victim-impact panel program. If you are carrying a child under 18 during your arrest or your BAC has exceeded the 0.15% limit, your penalties and fines will double.

Oregon DUI Laws are tough and strict, hire an experienced DUI defense lawyer to help you go through the process.